alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

MICHAEL BAILEY,

Defendant

- Appellant. No. 16

- 10427

D.C. No. 2:14

- cr

- 00207

- GEB

MEMORANDUM *

Appeal from the United States District Court

for the Eastern District of California

Garland E. Burrell, Jr., District Judge, Presiding

Submitted July 11, 2017 **

Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.

Michael Bailey appeals from the distr ict court’s judgment and challenges the

151

- month sentence imposed following his guilty

- plea conviction for receipt and

distribution of child pornography

, in violation of 18 U.S.C. § 2252(a)(2). We have

jurisdiction under 28 U.S.C. § 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

JUL 17 2017

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 16

- 10427

Bailey argues that the district court procedurally erred by failing to address

his request for a downward variance or departure under U.S.S.G. § 5H1.4 to reflect

his health problems and traumatic brain injury. We review for plain error, see

United States v. Valencia

- Barragan , 608 F.3d 1103, 1108 (9th Cir. 2010), and

conclude that there is none. The record reflects that the district court considered

Bailey’s sentencing arguments , specifically noted his age and poor health, and

adequately explained the low

- end sentence. See United States v. Carty, 520 F.3d

984, 992 (9th Cir. 2008) (en banc).

Bailey also contends that his within

- Guidelines sentence is substantively

unreasonable in light of his mitigating factors and the fact that, i n his view, the

Guidelines overinflate the sentencing ranges for child pornography offenses

. The

district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38,

51 (2007). The sentence is substantively r easona ble in light of the 18 U.S.C.

§ 3553(a) factors and the totality of the circumstances, including the nature of the

videos Bailey collected and his admitted “sexting” with minor girls

.

AFFIRMED.
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS AIR FORCE FLIGHT STANDARDS AGENCY

7 Jan 11 MEMORANDUM FOR HQ FAA/AGC-10

FROM: HQ AFFSA/A3O

6500 South MacArthur Blvd Bldg 4, Rm 124 Oklahoma City, OK 73169

SUBJECT: Title 14 CFR Exemption 5305 (Regulatory Docket FAA-2000-8419)

1. Exemption 5305 was granted to the United States Air Force on 26 April 1991. As amended to 5305H, it exempts the USAF from the provisions of 14 CFR Section 91.209 (a) (1) and (b) through 30 April 2011. The requirement for USAF ai rcraft to conduct airborne counternarcotics training operations in support of drug law enfor cement and drug traffic interdiction without lighted aircraft position or anticollision lights remains unchanged. On behalf of the USAF, I request an extension in accordance with Federal Aviation Regulations, Part 11.

2. If you have questions or need further in formation, please contact me at (405) 739-9783 or

email: hqaffsa.a3of@tinker.af.mil . I appreciate your assistance.

TIMOTHY M. KERSEY, Lt Col, USAF Chief, Flight Standards Division

GLOBAL ACCESS FOR AMERICA
Exhibit
31.1





CERTIFICATIONS





I,
Gregory D. Frost, certify that:





1. I have
reviewed this quarterly Report on Form 10-Q/A of Able Energy Inc.;





2. Based
on my knowledge, this Report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading
with respect to the period covered by this Report;





3. Based
on my knowledge, the financial statements, and other financial information
included in this Report, fairly present in all material respects the financial
condition, results of operations and cash flows of the registrant as of, and
for, the periods presented in this Report;





4. The
registrant's other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules
13a-15(e) and 15d-15(e)) for the registrant and have:





a)
Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this Report is being prepared;





b)
Evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this Report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this Report based on such evaluation; and





c)
Disclosed in this Report any change in the registrant's internal control over
financial reporting that occurred during the registrant's most recent fiscal
quarter (the registrant's fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
registrant's internal control over financial reporting; and





5. The
registrant's other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent functions):





a) All
significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to
adversely affect the registrant's ability to record, process, summarize and
report financial information; and





b) Any
fraud, whether or not material, that involves management or other employees who
have a significant role in the registrant's internal control over financial
reporting.





March 13,
2008





/s/Gregory
      D. FrostGregory
      D. FrostChief
      Executive Officer and Chairman
No. 10-10387.

#### Jesse Lee Bell, Jr., Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al.

565 U.S. 835, 132 S. Ct. 139,

181 L. Ed. 2d 58,

2011 U.S. LEXIS 5308.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
Exhibit 10.37 

LEASE 

    THIS LEASE is made and entered intoas of this 19th day of March, 1969, by and between GIN GOR JU and GOR SHEE JU(“Lessor”), and DON KOLL COMPANY, INC. (“Lessee”). 

R E C I T A L S:

    A.        Lessoris the owner of a parcel of land located in the County of Orange, State           ofCalifornia.  

    B.                 Lessor is desirous of leasing to Lessee and Lessee is desirous of leasing from          Lessor, such land upon the terms and conditions set forth herein. 

    NOW,THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: 

    1.                 Grant. In consideration of the rents hereinafter reserved to be paid by          Lessee, and the covenants and agreements to be kept, observed and performed by          Lessee, Lessee hereby leases from Lessor those certain premises, described on          Exhibit “A” attached hereto and made a part hereof (“leased          premises”). 

    2.                 Term. The original term of this Lease shall be for a period of fifty-five          (55) years commencing August 25, 1969, subject to extension as          hereinafter provided. 

    3.                 Option. Lessee shall have the right to extend the term of this Lease for          an additional forty-four (44) years so that the term of this Lease shall          expire ninety-nine (99) years from the commencement date referred to above.          This option may be exercised only by a written notice from Lessee to Lessor,          which written notice must be delivered not less than ninety (90) days prior          to the expiration of the original term of this Lease. 

    4.                 Rental. 

              A.        OriginalRental. As rental for the use of the leased premises for the           first thirty(30) years of this Lease, Lessee shall pay to Lessor each year           the sum ofForty-Three Thousand Three Hundred Sixty-Two Dollars ($43,362),           payable inadvance, in equal quarterly installments of Ten Thousand Eight           Hundred FortyDollars and Fifty Cents ($10,840.50) with the first payment being           three (3) monthsfrom the commencement of this Lease, and quarterly           thereafter.  

              B.                 Adjusted Rental. As rental for the use of the leased premises for the          thirtieth (30th) year, and for each subsequent year thereafter, Lessee shall pay          to Lessor as annual rental a sum equal to the original rental due plus an          increase of Four Hundred Thirty-Six Dollars and Sixty-Two Cents ($436.62) per          year for each year following the
No. 10-1340.

#### KFC Corporation, Petitioner v. Iowa Department of Revenue.

565 U.S. 817, 132 S. Ct. 97,

181 L. Ed. 2d 26,

2011 U.S. LEXIS 6624.

October 3, 2011.

Petition for writ of certiorari to the Supreme Court of Iowa denied.

Same case below, 792 N.W.2d 308.
No. 10-8020.

#### Michael Spataro, Petitioner v. United States.

562 U.S. 1176, 131 S. Ct. 1037,

178 L. Ed. 2d 824,

2011 U.S. LEXIS 737.

January 18, 2011.

Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until February 8, 2011, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1of the Rules of this Court.

Justice Kagan took no part in the consideration or decision of this motion.
----

Exhibit 31.1

**CERTIFICATION**

                I, George Kazantzis, certify that:

                1.  I have reviewed this quarterly report on Form 10-QSB of Envirokare Tech, Inc.;

                2.  Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;

                3.  Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly presents in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;

                4.  The registrant's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

                     a)     designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;

                     b)    evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report (the "Evaluation Date"); and

                     c)     presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;

                5.  The registrant's other certifying officers and I have disclosed, based on our most recent evaluation, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent functions):

                     a)     all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; and

                     b)    any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls; and

                  6.  The registrant's other certifying officers and I have indicated in this quarterly report whether there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.

Date:  August 14th, 2005

By: /s/ George Kazantzis  ___________________________  Name:  George Kazantzis  Title:   Acting President (Principal Financial Officer
ex-10.2

 Jason McLaughlin, B.Sc. (Geology)
 51-2565 Whiteley Court
 North Vancouver B.C., V7J 2R5
 

 

 May 16, 2014
 

 Mr. Jose Othoniel Gonzalez Montes
 ORC Exploration LLC
 c/o Oaxaca Resources Corp.
 50 West Liberty Street Suite 880
 Reno, Nevada, 89501
 

 

 Dear Mr. Montes
 

 Re: Geological Consultant Engagement Letter
 

 

 The purpose of this letter is to outline the terms of my engagement as a Geological Consultant to ORC Exploration LLC (‘the Corporation”).  Upon your acceptance of this Engagement Letter, I shall act as a consultant to the Corporation on geological matters, and assist the Corporation in locating and acquiring mineral exploration properties located in western Canada.  I shall also provide you with a technical report on a suitable property which shall include a recommended exploration work program, and I shall conduct the work program described below, as may be requested by the Corporation.
 

 The cost of my investigations to locate a suitable property on your behalf will be $500 US which shall become payable upon your acceptance of this Engagement Letter.  The cost of preparing a technical report shall be approximately $1,500 US which shall be come payable upon the completion of my technical report.
 

 

 Kindly advise me should you require additional information.
 

 

 Yours truly
 

 

 

 

 /s/ Jason McLaughlin
 Jason McLaughlin
 

 

 


 
 AGREED TO AND ACCEPTED, at Reno in the State of Nevada, this 16 day of May, 2014.
 ORC Exploration LLC
 

 

 

 per: /s/ Jose Othnoiel Gonzalez Montes
         Jose Othoniel Gonzalez Montes
No. 10-6192.

#### Frederick L. Taylor, Petitioner v. Burl Cain, Warden.

562 U.S. 1012, 131 S. Ct. 524,

178 L. Ed. 2d 386,

2010 U.S. LEXIS 8596.

November 1, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
[Federal Register Volume 63, Number 131 (Thursday, July 9, 1998)]
[Notices]
[Page 37130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18288]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


North American Wetlands Conservation Council; Meeting 
Announcement

AGENCY: U.S. Fish and Wildlife Service, Interior.

ACTION: Notice of meeting.

-----------------------------------------------------------------------

SUMMARY: The North American Wetlands Conservation Council (Council) 
will meet July 8, 1998 to review proposals for funding submitted 
pursuant to the North American Wetlands Conservation Act. Upon 
completion of the Council's review, proposals will be submitted to the 
Migratory Bird Conservation Commission with recommendations for 
funding. The meeting is open to the public.

DATES: July 8, 1998, Kingston, Ontario, Canada--10:00 A.M.

ADDRESSES: The meeting will be held at the Holiday Inn Kingston 
Waterfront, located at 1 Princess Street, Kingston, Ontario, Canada. 
The North American Wetlands Conservation Council Coordinator is located 
at U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Suite 110, 
Arlington, Virginia 22203.

FOR FURTHER INFORMATION CONTACT: David A. Smith, Coordinator, North 
American Wetlands Conservation Council, (703) 358-1784.

SUPPLEMENTARY INFORMATION: In accordance with the North American 
Wetlands Conservation Act (Pub. L. 101-223, 103 Stat. 1968, December 
13, 1989, as amended), the North American Wetlands Conservation Council 
is a Federal-State-private body which meets to consider wetland 
acquisition, restoration, enhancement and management projects for 
recommendation to and final approval by the Migratory Bird Conservation 
Commission. Proposals from State, Federal, and private sponsors require 
a minimum of 50 percent non-Federal matching funds.

    Dated: July 2, 1998.
John G. Rogers,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 98-18288 Filed 7-8-98; 8:45 am]
BILLING CODE 4310-55-P
Exhibit 32.1  CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)  In connection with the Quarterly Report of DigitalTown, Inc. (the Company), on Form 10-Q for the period ended August 31, 2010 as filed with the Securities and Exchange Commission (the Report), the undersigned hereby certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 135)), that to my knowledge:  (1)The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  (2)The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.   Date: October 15, 2010   /s/ Richard A. Pomije_________________ Richard A. Pomije CEO            Exhibit 32.2  CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)  In connection with the Quarterly Report of DigitalTown, Inc. (the Company), on Form 10-Q for the period ended August 31, 2010 as filed with the Securities and Exchange Commission (the Report), the undersigned hereby certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 135)), that to my knowledge:  (1)The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  (2)The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.   Date: October 15, 2010   /s/ Paul R. Gramstad_________________ Paul R. Gramstad CFO
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen

, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

January 27, 2016 

# Order

January 27, 2016

152758 ( 30 )

COVENANT MEDICAL CENTER, INC.

, Plaintiff

- Appell ee

,

v

STATE FARM MUTUAL AUTOMOBILE

INSURANCE COMPANY

, Defendant

- Appell ant

. SC: 152758

COA: 322108

Saginaw CC: 2013

- 020416

- NF

________________________________________/

On order of the Chief Justice, the motion of defendant

- appellant to extend the time

for filing its reply is GRANTED. The reply will be accepted as timely filed if submitted

on or before February 8, 2016.
Redirect for Infant Immunizations FAQs

Similar content can be found at the following URL. Please take a moment to update 

your bookmark:

https://www.cdc.gov/vaccines/parents/FAQs.html
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           1,339
<SECURITIES>                                    10,629
<RECEIVABLES>                                    2,484
<ALLOWANCES>                                       316
<INVENTORY>                                          0
<CURRENT-ASSETS>                                17,650
<PP&E>                                          71,531
<DEPRECIATION>                                  11,277
<TOTAL-ASSETS>                                 129,321
<CURRENT-LIABILITIES>                           12,970
<BONDS>                                        110,721
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             2
<OTHER-SE>                                       5,628
<TOTAL-LIABILITY-AND-EQUITY>                   129,321
<SALES>                                         14,693
<TOTAL-REVENUES>                                14,693
<CGS>                                                0
<TOTAL-COSTS>                                   13,702
<OTHER-EXPENSES>                                 (225)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               7,081
<INCOME-PRETAX>                                (5,865)
<INCOME-TAX>                                   (2,328)
<INCOME-CONTINUING>                            (3,537)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (2,089)
<CHANGES>                                            0
<NET-INCOME>                                   (5,626)
<EPS-PRIMARY>                                   (28.1)
<EPS-DILUTED>                                   (28.1)
        

</TABLE>
S16Y1280.

#### IN THE MATTER OF TIFFINI COLETTE BELL.

(787 SE2d 166)

Per curiam.

This disciplinary matter is before the Court on the petition for voluntary discipline filed by Tiffini Colette Bell (State Bar No. 676971), prior to the issuance of a formal complaint, see Bar Rule 4-227 (b) (2). In her petition, Bell, who became a member of the Bar in 2006, seeks the imposition of a Review Panel reprimand, and admits that, in the representation of a client in a child custody matter, she violated Rules 1.3, 1.4, and 8.4 (a) (4) by failing to truthfully communicate with her client regarding discovery and appointment of a guardian ad litem, failing to timely respond to discovery, failing to seek the appointment of a guardian ad litem, and failing to thoroughly prepare for certain hearings. The maximum sanction for a violation of Rules 1.3 and 8.4 (a) (4) is disbarment, and the maximum sanction for a violation of 1.4 is a public reprimand. Bell also admits that she received a confidential reprimand by the Investigative Panel on November 20, 2015. In mitigation, Bell states, and the State Bar does not disagree, that she lacked a selfish motive, that she sincerely *144regrets her conduct, and that she has shown a cooperative attitude in the disciplinary proceedings.

Decided June 2, 2016.

*Paula J. Frederick, General Counsel State Bar, A. M. Christina Petrig, Assistant General Counsel State Bar,*for State Bar of Georgia.

Having reviewed the petition and the State Bar’s response, we conclude that a Review Panel reprimand is the appropriate sanction in this case, and we therefore accept the petition for voluntary discipline. Accordingly, the Court hereby orders that Bell receive a Review Panel reprimand in accordance with Bar Rules 4-102 (b) (4) and 4-220 (b) for her admitted violations of Rules 1.3, 1.4, and 8.4 (a) (4).

*Petition for voluntary discipline accepted. Review Panel reprimand.*

*All the Justices concur.*
No. 10-361.

#### Xiuying Zheng, Petitioner v. Eric H. Holder, Jr., Attorney General.

562 U.S. 1030, 131 S. Ct. 573,

178 L. Ed. 2d 414,

2010 U.S. LEXIS 8791.

November 8, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.